Children are not supposed to be exposed to domestic violence situations. Even if one parent is the victim of domestic violence an ACS or CPS investigation of a domestic violence incident may cause the children to be removed from that household. To be clear, if you are a victim of domestic violence and your children are exposed to you being abused or mistreated your children can be removed from your home. CPS and ACS will take the position you have not taken the appropriate steps to address the domestic violence home situation. They will infer you are not protecting your children from the exposure to domestic violence.
Unfairness of CPS and ACS Systems
Imagine an individual who is a subject of domestic violence. The individual calls CPS or ACS for help. ACS or CPS finds that there is a domestic violence situation and that the children have been in the household while these domestic violence occurrences took place. CPS’s and ACS’s response to this situation could be removing the children from the exposure of domestic violence. It victimizes the individual who is exposed to the domestic violence a second time. First being subject to domestic violence and secondly being punished by CPS and ACS for being a victim. Unfortunately, individuals who have been exposed to domestic violence situations sometimes lose the custody of their children. Their children when removed from their home are placed with foster care families, or with other family members.
The Police and Domestic Violence
If the police are called to your home related to a domestic violence situation, they will usually call ACS or CPS and ask that they also get involved in looking into the incident. If this should happen to you, it is suggested that you immediately contact a CPS defense attorney and get educated about your risks.
The law firm of Schlissel DeCorpo LLP has been helping families deal with ACS and CPS for more than 30 years. We can be reached at 718-350- 2802, 516-561-6645 or 631-319-8262 or by e-mail at INFO@SDNYLAW. COM.
